Read the following case scenario:
The former Sameer Shariff, a Saudi Arabian national who changed his name to “The Left Hand of God” and is
known to his followers as “Hand,” is a suspected terrorist. Department of Homeland Security (DHS) agents
believe that he is planning an imminent attack somewhere in Capital City. Under duress to prevent the attack,
three DHS agents and three FBI agents storm into Hand’s house, burst into his bedroom, where he is in bed
with a woman, and point shotguns at him. They demand to know what he is planning. No Miranda warnings are
read. Hand tells them that he has hired Alex “Boom Boom” Jaxon, a known explosives expert, to plant a bomb
in the Capital City Arena, with a timer to go off in three hours when the arena will be filled with over 20,000
people for a music concert.
Jaxon is known to the police and is in Central City, which is two hours away. He is arrested by Central City
police and calls his lawyer in Capital City, who tells him he will meet him there and to remain silent. The lawyer
then tells Central City police that they are not to question Jaxon until they arrive in Capital City and the lawyer
is present.
Central City Police Officer McFadden drives Jaxon to Capital City. McFadden knows that DHS, FBI, and
Capital City police are searching the arena, but McFadden is afraid they will not find the bomb in time. By the
time that McFadden and Jaxon arrive in Central city, the concert hall is already full of audience members, and
the show is set to begin in twenty minutes.
McFadden, who knows Jaxon’s family from previous police contacts, tells Jaxon that his mother and two
brothers, who have been surveilled by the police for the last six weeks, are at the concert and will die if the
bomb goes off. Jaxon leads McFadden to the bomb, which is defused. A crying Jaxon states that his purpose
was to kill infidels, but he would never harm his family.
Research Fifth Amendment cases, including Miranda v. Arizona, 386 U.S. 436 (1966), which involves custodial
interrogation and the right against self-incrimination.
In your paper,
–Determine whether Hand was entitled to Miranda warnings.
–Explain whether the fact that Hand was not a citizen of the United States affects his rights in relation to the
Fifth Amendment right to remain silent.
–Identify whether Hand’s questioning was custodial.
–Explain whether McFadden’s statement about this family constitutes custodial interrogation.
–Evaluate whether Hand’s statement can be used against him in a court of law.
–Explain whether Jaxon’s statement be used against him in a court of law.
–Determine whether Jaxon can testify against Hand.